International Transfer of Offenders Act (S.C. 2004, c. 21)

Marginal note:Factors — Canadian offenders

• 10 (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:

  • (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;

  • (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including

    • (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender,

    • (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or

    • (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;

  • (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;

  • (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

  • (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;

  • (f) whether the offender has social or family ties in Canada;

  • (g) the offender’s health;

  • (h) whether the offender has refused to participate in a rehabilitation or reintegration program;

  • (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;

  • (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;

  • (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or

  • (l) any other factor that the Minister considers relevant.

• Marginal note:Factors — Canadian and foreign offenders

  (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:

  • (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code; and

  • (b) whether the offender was previously transferred under this Act or the Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985.

• Marginal note:Additional factor — Canadian young persons

  (3) In determining whether to consent to the transfer of a Canadian offender who is a young person within the meaning of the Youth Criminal Justice Act, the Minister and the relevant provincial authority shall consider the best interests of the young person.

• Marginal note:Primary consideration — Canadian children

  (4) In determining whether to consent to the transfer of a Canadian offender who is a child within the meaning of the Youth Criminal Justice Act, the primary consideration of the Minister and the relevant provincial authority is to be the best interests of the child.